Page:Ruffhead - The Statutes at Large - vol 5.djvu/190

 150 C. 15. Anno tertio Georgii Regis, A. D. 1716. charge ^° n *y ' c J es thereby, not only by reafon of paying down great Sums of Money for the Rewards aforefaid, before ing^hghway- ' the publick Revenue writ out to them in Procefs could be levied or collected by them, but alfo by rea-* men, or Coin- ' fon that fuch Sheriff cannot have a Certificate of his Surplufage from the Clerk of the Pipe, or the Au- ei3, &c. or ' ditor 6iWaks until he hath fully finished his Account, and be difmiffed the Court, by which Means Houfe-breakcrs; c ^ gherifr is kept a long Time out of his Money fo difburfed for the Rewards aforefaid ;' Be it therefore iudge'Tcertifi- enacted by the Authority aforefaid, That no Sheriff fhall be obliged to bring or charge in his Accounts' cate of theCon- any Sum or Sums of Money to be paid for the Reward abovementioned, or any of them, from and after ■viclionandRe- the ninth Day of July one thoufand feven hundred and feventeen, but fhall and may immediately apply for eerpt of the t ^ e f ame to jhe L or d High Treafurer of Great Britain, or Commiffioners of the 'f'reafury for the Time rteKewarf ap- being, who upon infpe6ting a due Certificate of the Conviction of fuch Offender or Offenders, for which Jtowfed with- or ^ swarc ^ whatfoever ; any Thing in the aforefaid Acts, or any of them, contained to the contrary there- out Fee. of in any wile notwithstanding. No Sheriff (nail V. And be it enacted by the Authority aforefaid, That rto Sheriff or Under-fheriff fnall be attached or be attached, &c. taken into Cuftody by any Officer of the Court of Exchequer, or other Perfon whatfoever, for not being for not fini(hing a pp C f ec ] U p on any'Writ or Procefs, for not finiihing his Accounts in due Time, or for any Contempt of &c^u"b "writ Neglect whatfoever relating to his Accounts, but by Writ under the Seal of the faid Court of Exchequer, iindetThe^F.x- or by Warrant for that Purpofe to be figned by the Lord Chief Baron, or one of the Barons of the Coif cheifvicr-ScJil, or of the faid Court of Exchequer for the Time being, to be executed by the Marfhal of the faid Court, or hy Warrant of a his Deputy ; in which Warrant the Name of fuch Sheriff or Under-fheriff fhall be particularly inferted, &ch SKmrf 11 and his ° ffence particularly fpecined and expreffed, Name and his Offence to be inferted. No Clerk, ice. VI. And for preventing Delays and uiineceffary Attendance of Sheriffs in paffing their Accounts, Be it concerned in enacted by the Authority aforefaid, That from and after the fifft Day of Michaelmas-term in the Year of A^oums^flull our Lord one thoufand feven hundred and feventeen, if any Officer, Clerk or other Perfon concerned in hinder the fame, or about the palling of Sheriffs Accounts, fhall wilfully retard or hinder any Sheriff in the paffing of his or prevent his Accounts, or by his wilful Neglect or Abfence, or by other undue Means or Ways, prevent any Sheriff being appofed, f r rj m bring appofed or caft out of Court in due Time, or after Payment or Tender of his or their due &<:. nor after p ees herein afcertained, fhall refufe or neglect to inrol, make out, fign and deliver his Quietus in due TenTe^o^the Time, in every fuch Cafe the Perfon fo offending fhall make fuch Recompence and Satisfaction to the Party Tee,, fhall re- aggrieved as fhall be adjudged, ordered or decreed by the Barons of the Court of Exchequer, upon Complaint fufe, &c. to thereof made and exhibited before them, in fuch fhort and fummary way and method as to them fhall feem meet, fnake out, &c. his Quietus, on Penalty of fuch Satisfaction as the Darons fliall order in a fummary Way* No sheriff in ' VII. And whereas it frequently happens that a Sheriff may difburfe more Money for the Service of England, (excepts j-^g Crown than his whole Charge amounteth unto, by reafon whereof fuch Sheriff muft neceffarily be wht^fluUbe in m Surplufage upon his Account : And whereas fuch Surplufage cannot be obtained by the ufual Courfe Surplufage by ' of the Exchequer, but by Record of Surplufage, which is very dilatory and expenfive to the Sheriff:' any Difburfe- Be it therefore enacted by the Authority aforefaid, That from and after the firft Day of Michaelmas-term ments for the aforefaid, if any Sheriff of any County in England, (except- the Counties Palatine of Ghejler, Durham King s Service, an£ j ]^ anca jf eri anc | the feveral Counties of IFales, which do not pafs their Accounts before the Clerk of vardTappointed the P'P e ) fhall happen to be in Surplufage upon his Account, by reafon of any Drfburfements whatfoever by the A£h fu- by him made for the Service of his Majeity, his Heirs or Succeffors (other than for the Rewards of forty pra) fhall be 6- Pounds feverally and reflectively allowed and given by virtue of the feveral Acts herein before-mentioned, U: E tJ t° takc to fuch Perfons as fhall apprehend a Clipper, Coiner, Highwayman or Houfebreaker) fuch Sheriff fhall fu'cVsurpSufa^e not ^ e obliged to take out a Record of Surplufage for the fame, but mail and may apply to the Lord High Wut may-' apply 'Treafurer of Great Britain, or to the Commiffioners of the Treafury for the Time being, for the Pay- to the Ld.Trea- men t of fuch Surplufage, who are hereby required and authorized to pay the fame upon the Sheriff's pro* furcr, who is ducins a Certificate of fuch Surplufage from the Clerk of the Pipe, or his Deputy. to pay the fame *> ; !'. r. on producing the Cleik of the Pipe's Certificate thereof. Sheriff dying be- ' VIII. And whereas great Inconvehiencies have arifen by the Death of Sheriffs during the Time of lore his Ofike is <■ t h e j r Sheriffalty :' Be it enacted by the Authority aforefaid, That if any High-fherirF of any County of "r ftl'iff ftiiV^''^' 2 ^ or f^h's fr> a 'l happen to die before the Expiration or Determination of this Year, or before he tsecate the fame t e lawfully fuperfeded, in fuch Cafe the Under-fheriff or Deputy-fherifr* by him appointed fhall never- in the deceafed thelefs continue iii his Office, and fliall execute the famej and all Things belonging thereunto, in the Sh-tiff's Name, Name of the faid deceafed Sheriff, until another Sheriff be appointed for the faid County and fworn, in J' 11 an?w ~" h eh mariner _as is herein after directed ; and the faid Under-fheriff or Deputy-fheriff fliall be anfwerable for the an'fwcrable for Execution of the faid Office in all Things, and to all Refpects, Intents and Purpofes whatfoever, during the Execution fuch Interval as the High-fheriff fo deceafed would by Law have been if he had been living ; and the Se- thereof as the curity given to the High-fherifFfo deceafed by the faid Under-fheriff, and his Pledges, fhall ftand, remain, ■Dsccaied (hould an( j Vj £ a Security to the King, his Heirs and Succeffors, and to all Perfons whatfoever, for fuch Under- tiiVsecuTity'g]- flieriff's due Performance of his Office during fuch Interval. V^n by the U,a- A-A-s tier-!}isA-rt'is to continue. 3